Section 190 of CrPC : Section 190: Cognizance Of Offences By Magistrates

Explanation using Example

Imagine a situation where a local shopkeeper in Maharashtra suspects that a public servant, while on duty, has demanded and accepted a bribe from him. The shopkeeper decides to file a complaint with the magistrate. According to Section 190 of the Code of Criminal Procedure, 1973, the magistrate has the authority to take cognizance of the offence based on the shopkeeper's complaint (subsection 1(a)).

However, due to the state amendment by Maharashtra, the magistrate cannot proceed with taking cognizance of the offence against the public servant without the previous sanction as per section 197 of the Code of Criminal Procedure, 1973, or any other law in force. The shopkeeper is informed that the sanctioning authority must decide on granting sanction within 90 days, and if they fail to do so, the sanction will be deemed to have been granted, allowing the magistrate to proceed with the case.